Scrutiny of workplace policies affecting employees’ rights will continue in second presidential term

By Kristin R. Erenburg, Crain’s Cleveland Business

In 2012, the headlines were dominated by decisions and trends related to the NLRB’s and EEOC’s examination of workplace policies affecting the rights of employees, whether on the clock or off. Often, these decisions also related to the right to discuss work-related matters. The agendas of the EEOC and NLRB are likely to continue with President Obama’s ability to fill any vacancies through the end of his term in 2016. Additionally, many believe that he could be responsible for nominating at least one, if not three, Supreme Court justices.

The NLRB issued multiple opinions and provided guidance in areas implicating employees’ rights under Section 7 of the NLRA, i.e., concerted activities. Those of you who may be tempted to skim this section thinking that the NLRB’s guidance is inapplicable to you, don’t. The NLRB’s jurisdiction includes union and non-union settings.

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